PUBLIC LAW 104–232—OCT. 2, 1996 110 STAT. 3055

Public Law 104–232

104th Congress

An Act

To provide for the extension of the Parole Commission to oversee cases of prisoners

sentenced under prior law, to reduce the size of the Parole Commission, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Parole Commission Phaseout

Act of 1996’’.

SEC. 2. EXTENSION OF PAROLE COMMISSION.

(a) IN GENERAL.—For purposes of section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) as it related to chapter

311 of title 18, United States Code, and the Parole Commission,

each reference in such section to ‘‘ten years’’ or ‘‘ten-year period’’

shall be deemed to be a reference to ‘‘fifteen years’’ or ‘‘fifteenyear period’’, respectively.

(b) POWERS AND DUTIES OF PAROLE COMMISSION.—Notwithstanding section 4203 of title 18, United States Code, the United

States Parole Commission may perform its functions with any

quorum of Commissioners, or Commissioner, as the Commission

may prescribe by regulation.

(c) REDUCTION IN SIZE.—

(1) Effective December 31, 1999, the total number of

Commissioners of the United States Parole Commission shall

not be greater than 2. To the extent necessary to achieve

this reduction, the Commissioner or Commissioners least senior

in service shall cease to hold office.

(2) Effective December 31, 2001, the United States Parole

Commission shall consist only of that Commissioner who is

the Chairman of the Commission.

(3) Effective when the Commission consists of only one

Commissioner—

(A) that Commissioner (or in the Commissioner’s

absence, the Attorney General) may delegate to one or

more hearing examiners the powers set forth in paragraphs

(1) through (4) of section 4203(b) of title 18, United States

Code; and

(B) decisions made pursuant to such delegation shall

take effect when made, but shall be subject to review

and modification by the Commissioner.

Effective dates.

18 USC 4201

note.

Phaseout Act of

1996.

18 USC 4201

note.

Parole

Commission

Oct. 2, 1996

[S. 1507]
110 STAT. 3056 PUBLIC LAW 104–232—OCT. 2, 1996

LEGISLATIVE HISTORY—S. 1507:

SENATE REPORTS: No. 104–789 (Comm. on the Judiciary).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Dec. 22, considered and passed Senate.

Vol. 142 (1996): Sept. 17, considered and passed House, amended.

Sept. 20, Senate concurred in House amendment.

Æ

SEC. 3. REPORTS BY THE ATTORNEY GENERAL.

(a) IN GENERAL.—Beginning in the year 1998, the Attorney

General shall report to the Congress not later than May 1 of

each year through the year 2002 on the status of the United

States Parole Commission. Unless the Attorney General, in such

report, certifies that the continuation of the Commission is the

most effective and cost-efficient manner for carrying out the

Commission’s functions, the Attorney General shall include in such

report an alternative plan for a transfer of the Commission’s functions to another entity.

(b) TRANSFER WITHIN THE DEPARTMENT OF JUSTICE.—

(1) EFFECT OF PLAN.—If the Attorney General includes

such a plan in the report, and that plan provides for the

transfer of the Commission’s functions and powers to another

entity within the Department of Justice, such plan shall take

effect according to its terms on November 1 of that year in

which the report is made, unless Congress by law provides

otherwise. In the event such plan takes effect, all laws pertaining to the authority and jurisdiction of the Commission with

respect to individual offenders shall remain in effect notwithstanding the expiration of the period specified in section 2

of this Act.

(2) CONDITIONAL REPEAL.—Effective on the date such plan

takes effect, paragraphs (3) and (4) of section 235(b) of the

Sentencing Reform Act of 1984 (98 Stat. 2032) are repealed.

SEC. 4. REPEAL.

Section 235(b)(2) of the Sentencing Reform Act of 1984 (98

Stat. 2032) is repealed.

Approved October 2, 1996.

18 USC 3551

note.

18 USC 3551

note.

Effective dates.

18 USC 4201

note.